Friday, May 4, 2012
NFL Update: More Former Players Sue Over Brain Damage
More than 100 former players sued the National Football League (NFL) on Thursday, May 3rd, 2012, in Atlanta, alleging that the NFL covered-up the dangers of (brain) concussions.
At least 1500 former players are already involved in lawsuits against the NFL over health issues, especially head (brain) injuries suffered during their playing days.
Some are speculating that the recent suicide death of the former great NFL linebacker Tiana Bail "Junior" Seau, Jr. may be tied to injuries suffered during his playing days in the league.
This latest lawsuit, filed in the U.S. District Court in Atlanta, alleges, among other things, that the NFL "repeatedly refuted the connection between concussions and brain injury" and "downplayed and misrepresented the issues, and misled the players concerning the risks associated with concussions."
Other similar lawsuits by players against the NFL have been consolidated for a trial in Philadelphia, but no trial date has been set as yet. Former great player-turned actor Alex Karras, who now suffers from dementia, has the Philadelphia plaintiffs.
The filing in Atlanta cites scientific evidence connecting concussions and Chronic Traumatic Encephalopathy, a neurodegenerative disease that results in memory loss, mood swings and symptoms similar to Alzheimer's disease. It points out CTE can only be diagnosed after a patient's death, and 12 cases of CTE have been detected in deceased former players.
[www.upi.com/SportsNew/2012/05/03/MorePlayersSueNFL]
Thursday, May 3, 2012
In Memoriam: Charles "Skip" Pitts
In Memoriam: Charles "Skip" Pitts
Iconic Guitarist
Memphis "Stax" Sound
1947 - 2012
In Memoriam: Tiana Baul "Junior" Sean, Jr.
In Memoriam: Tiana Baul "Junior" Sean, Jr.
January 19, 1969 - May 2, 2012
American Football Gladiator
"Pumzka Kwa Amani"
WAL-MART SETTLES WAGE COMPLAINT WITH U.S.
Giant retailer WAL-MART, on Tuesday, May 1st, 2012, settled the Federal Government's wage complaint against it by agreeing to pay more than 4,500 of its employees $4.8 million in back wages and damages, as well as $464,000 in civil penalties.
The U.S. Department of Labor found that Wal-Mart had failed to pay overtime to many of its workers.
Though the modest fine pales in comparision to the $352 million the Bentoville, Arkansas behemoth company paid in 2008 to settle 63 lawsuits across the United States over allegations it failed to provide workers with proper rest and meal breaks, this settlement still highlights the continuing complaints Wal-Mart faces everyday over how it treats its workers.
In this settlement, the Labor Department found that workers employed as Wal-Mart or Sam's Club security guards or as managers in the stores' vision departments between 2004 and 2007 were denied overtime pay when they were incorrectly classified as exempt from the federal Fair Labor Standards Act's overtime laws.
The act mandates employees be paid at least a $7.25 minimum wage, plus time-and-one-half their regular rates for hours worked beyond 40 per week. Some employees, such as executives and administrative workers who are paid a salary of more than $455 a week, are exempt from overtime rules.
Although the suit was resolved only recently, Wal-Mart said it had adjusted its pay practices and reclassified its employees in 2007 when the Labor Department alerted the company to the problem. It has also employed electronic systems to document compliance with state and federal labor laws.
The settlement will award workers payments ranging from $30 to $10,800.
Wal-Mart is one of many large retailers that have been accused of committing wage and hour violations, often paying out millions of dollars to settle class-action lawsuits. Cases range from failing to pay minimum wage and off-the-clock work to unpaid overtime and misclassification of workers.
In 2010, Staples Inc., the office-supply company, paid $42 million to settle with 5,000 managers over unpaid overtime.
[WSJ, Wed. 5/2/2012, p. B3]
The U.S. Department of Labor found that Wal-Mart had failed to pay overtime to many of its workers.
Though the modest fine pales in comparision to the $352 million the Bentoville, Arkansas behemoth company paid in 2008 to settle 63 lawsuits across the United States over allegations it failed to provide workers with proper rest and meal breaks, this settlement still highlights the continuing complaints Wal-Mart faces everyday over how it treats its workers.
In this settlement, the Labor Department found that workers employed as Wal-Mart or Sam's Club security guards or as managers in the stores' vision departments between 2004 and 2007 were denied overtime pay when they were incorrectly classified as exempt from the federal Fair Labor Standards Act's overtime laws.
The act mandates employees be paid at least a $7.25 minimum wage, plus time-and-one-half their regular rates for hours worked beyond 40 per week. Some employees, such as executives and administrative workers who are paid a salary of more than $455 a week, are exempt from overtime rules.
Although the suit was resolved only recently, Wal-Mart said it had adjusted its pay practices and reclassified its employees in 2007 when the Labor Department alerted the company to the problem. It has also employed electronic systems to document compliance with state and federal labor laws.
The settlement will award workers payments ranging from $30 to $10,800.
Wal-Mart is one of many large retailers that have been accused of committing wage and hour violations, often paying out millions of dollars to settle class-action lawsuits. Cases range from failing to pay minimum wage and off-the-clock work to unpaid overtime and misclassification of workers.
In 2010, Staples Inc., the office-supply company, paid $42 million to settle with 5,000 managers over unpaid overtime.
[WSJ, Wed. 5/2/2012, p. B3]
IMMIGRATION UPDATE
The U.S. Supreme Court has agreed (on Monday, April 30th, 2012) to hear an appeal from immigrant Roselva Chaidez on whether to apply retroactively the Court's 2010 decision that immigrants have the right to be informed that a guilty plea could lead to their deportation.
Ms. Chaidez was in the process of being deported from the United States when the court made that decision in March 2010.
Chaidez pleaded guilty to fraud in 2004 after falsely claiming to be a passenger in a car wreck. Authorities started deportation procedures while she was applying for U.S. citizenship in 2007.
Her lawyer never told her that her fraud conviction may lead to her deportation. Chaidez says she should be able to take advantage of the Supreme Court decision that cemented that principle.
[www.breakinglegalnews.com]
CONSUMERS NOW CHOOSING SMALL FIRMS
According to a new study by an international public-relations group, consumers worldwide are increasingly choosing small, local firms and businesses for services and products.
According to the Weber Shandwick consumer survey, 60% of consumers said they have lost respect for large companies while their admiration for small firms and businesses has increased over the past several years.
[WSJ, Wed., 5/2/2012, p. B8]
Tuesday, May 1, 2012
ENFORCEMENT OF NEW MEDICARE REPORTING RULES
Insurance companies are reporting that, even though the situation is improving substantially, there are still many attorneys who appear to be unaware of the new Medicare reporting rules (Medicare Secondary Payer) which require them, insurance companies, and even the client (plaintiff) to report any personal injury settlement, judgment or other money award to the Centers for Medicare and Medicaid Services (CMS).
This requirement since 2010 applies in all cases where Medicare has rendered payments or could render future payments for care based on the injury alleged in the personal injury case.
Failure to comply could result not only in CMS placing a lien on the award for Medicare reimbursement, but also imposing fines of up to $1,000 a day.
[www.breakinglegalnews.com/category/Elder]
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